You all are right that a jury makes the decision whether to convict. But based on what? Who is responsible for conducting a fair trial? Many DA’s are not above bending the rules to win, and many judges don’t stop them. Furthermore, the jurors can still be wrong. Ever hear of a “stacked jury”? Bottom line is, there are far too many things that can go wrong, and there’s far too much trust put in the state to expect trials to be conducted flawlessly. Our legal system is not 100%. The death penalty is. Until our legal system is perfect (i.e. never), we should not use the death penalty.
I’m content to limit the death penalty to cases where there is moral certitude about guilt, and no major uncertainties to be resolved by the jury. (i.e. caught on camera killing, DNA from a stranger in a rape murder with no question of consent, etc.)
“Who is responsible for conducting a fair trial? Many DA’s are not above bending the rules to win, and many judges don’t stop them.”
I agree that the system is not equitable. That is why I’m applauding the North Carolina bar going after Nifong. Prosecutors who are found to be doing whatever it takes to win a case and bending the rules should be punished and if they do so in a death penalty case, the punishment should be higher. To me, that is taking part in a murder.
Our system is not perfect and never will be (as you noted) however we need to continually work to make it that way. We need to hold our prosecutors and judges to the fire whenever possible. This is where the press (imho) has fallen down on the job. It is their duty to expose scumbags that wear robes or prosecute criminals.
Then those who deserve death will not be punished as they ought, which is injustice. To deliberately promote injustice because of a tiny minority of unjust mistakes is insane and self-defeating. It is national suicide.
Is the problem that you just have difficulty accepting that the death penalty is the just and proportionate punishment for stealing the life of another person?
Cordially,